Applicability of para 26(2) of EPF Act for temporary, casual and site workers

By | October 25, 2016

EMPLOYEES’ PROVIDENT FUND ORGANASTION

(Ministry of Labour & Employment Govt.)

No. C-I/3(2)2016/Court Matter/478/2008/19211

Date: 19 Oct 2016

To

All Regional PF Commissioner-I&II

In-Charge of Regional/ sub Regional office,

Sub:- An order delivered by Hon’ble High court of Madras in WP No. 478/2008 in the matter of Builders Association of Builders Association of India V/S Union of India & others–Reg.

Sir,

Please find enclosed herewith a copy of order dated 11-03-2016 delivery by Hon’ble High Court of Kerala in WP(c) No. 7905/2011 filed by Builders Association of India, Madurai Center V/S Union of India, CPFC & RPFC, Madurai.

2. The writ petition was filed by Builders Association of India, Madurai Center in order to stop the Respondents from enforcing the provision of the amended para 26(2) of EPF & MP Act, 1952 in respect of temporary, casual and site workers. The Hon’ble high court of Madras dismissed the petition with following observation.

“since the Hon’ble supreme court has already dealt with the amended para 26(2) of the Employees’ provident Fund scheme 1952, the same cannot be challenged in the present writ petition and further as per section 2(f) of the EPF & MP Act, 1952, the same is applicable even to casual workers”

3. The aforesaid order is being circulated for information, necessary action and it’s utilization in similar cases.

Your faithfully,

(Aprajita Jaggi)

RPFC-I (compliance)

Co

Leave a Reply